Ask Larry

Can I Be Called A Common-Law Wife And Get Spousal Benefits?

I started living with this guy since April 2008 up to Aug 2018. And he wants me to stop in coming to his house if he is upset on me without any reason. And come to him on Oct and Nov on the same year Do i have the right to be called his coming law wife andcan i get a spousal benifits from him?

Hi,

If you've always lived together in California, then you probably wouldn't qualify as a common-law spouse. Social Security recognizes state laws when deciding whether or not a person legally qualifies as a spouse, and California doesn't recognize common-law marriages. I'm not a lawyer, though, and my knowledge common-law marriage is limited to what's outlined in Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200305075.

Best, Jerry

Category: 
Posted: 
Apr 29 2019 - 9:36am
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